SC declares NJAC unconstitutional

In a landmark judgement, the Supreme Court today declared the National Judicial Appointments Commission (NJAC) as unconstitutional. NJAC was meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary.

The old system of collegium will be restored. The judgement was delivered by a five-judge panel.

“It is a historic judgement today by the constitutional bench of the Supreme Court. The honourable Supreme Court has declared the 99th amendment of the Constitution as unconstitutional,” said Surat Singh, Supreme Court advocate.

The grounds for the verdict was that the amendment violated the basic structure of the Constitution, which allows for independence of judiciary. The amendment was seen as a interference by the executive in the judiciary.

While four judges-- Justices J S Khehar, M B Lokur, Kurian Joseph and A K Goel declared unconstitutional the 99th amendment, Justice J Chelameswar held that it was valid.

The SC also rejected the plea of Centre that the petition challenging NJAC should be referred to a larger bench.

The Centre had attempted to replace the 22-year-old court-framed collegium system of appointment and transfer of judges of high courts and the Supreme Court with the NJAC through a constitutional amendment and ratification by a majority of state legislatures.

Scrapping the collegium system, the Centre had brought in the NJAC which comprised six members including the Chief Justice of India, two of his next senior most colleagues, the Union law minister and two eminent members who would have three-year term in the NJAC. The two will be nominated by a committee of the Chief Justice, the Prime Minister and the leader of opposition in the Lok Sabha.